Proprietary Estoppel

Question 1

Estoppel

Answer 1

Person acts on basis of a promise and representation made by another

Question 2

What does propriety estoppel give

Answer 2

Gives rights were none existed before

Question 3

Proprietary Estoppel 4 principles

Answer 3

1) commitment made by one person to another
2) that person intends for the other to rely on it
3) the person’s actual reliance is to his detriment and reasonable in the circumstances
4) OBJ TEST: Can a promise by this person be reasonably understood as a commitment?

Question 4

What did Lord Walker say about proprietary Estoppels in Stack v Dowden 2007?

Answer 4

‘Proprietary Estoppel ascertains an equitable claim against the conscience of the ‘true’ owner… satisfied by the minimum award necessary to do justice… no more than a monetary award’

Question 5

What did Lord Walker say about constructive trusts in Stack v Dowden 2007?

Answer 5

‘A common intention constructive trust identifies the true beneficial owners and the size of their beneficial interests’

Question 6

Cases for Proprietary Estoppel overlap?

Answer 6

THORNER V MAJOR 2009- continuing conduct was an Estoppel

But

HERBERT V DOYLE 2010- a sufficiently certain agreement was a constructive trust